HomeMy WebLinkAboutPC2018-031 - CUP APPROVING A VEHICLE SALES SHOWROOM AND OFFICE LOCATED AT 2244 WEST COAST HIGHWAY (PA2018-166)RESOLUTION NO. PC2018-031
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2018-010 FOR A VEHICLE
SALES SHOWROOM AND OFFICE LOCATED AT 2244 WEST
COAST HIGHWAY (PA2018-166)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ricky Kwan of Powerhouse Enterprises NB, LLC ("Applicant"),
with respect to property located at 2244 West Coast Highway, and legally described as the
northeasterly 100.78 feet of the southeasterly 600.78 feet of Lot "A" of Tract No. 919, in
the City of Newport Beach, as per map recorded in in Book 29, Pages 31 through 34 of
Miscellaneous Maps, in the office of the County Recorder of said County, said 600. 78 feet
and said 100.78 feet being measured along the northeasterly line of the California State
Highway as shown on said map, and the northwesterly line and the southeasterly line of
said northwesterly 100.78 feet being parallel with the southeasterly line of said Lot "A",
except the northeasterly rectangular 150 feet thereof ("Property").
2. The applicant requests a conditional use permit to allow a 15,823-square-foot vehicle sales
showroom and office for pre-owned luxury automobiles with no more than fifteen (15)
display vehicles. No exterior vehicle display is proposed. The proposed hours of operation
are from 8:00 a.m. and 6:00 p.m., daily. The showroom is available on an appointment
only basis. Test drives will not exceed ten (10) test drives per week. If approved, this
Conditional Use Permit would supersede Use Permit Nos. UP0251, UP1296, UP1490, and
UP2087, which upon vesting of the rights authorized by this Conditional Use Permit, shall
become null and void.
3. The subject property is designated MU-H1 (Mixed-Use Horizontal) by the General Plan
Land Use Element and is located within the MU-MM (Mixed-Use Mariners' Mile) Zoning
District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-H (Mixed-Use Horizontal) and it is located within the MU-MM (Mixed-Use
Mariners' Mile) Coastal Zone District. The proposed vehicle dealership does not result in
a change or intensification of the existing/historical use that would require a Coastal
Development Permit. There is no increase in the parking rate. The Public Works
Department determined that a Traffic Study is not required to comply with the Traffic
Phasing Ordinance. The only physical modification to the existing building is the installation
of a roll-up door to provide vehicle access to the showroom. Vehicle display would occur
entirely within the existing building, similar to a retail sales use. The second floor level
would continue to be utilized as administrative offices serving the vehicle dealership.
Therefore, the proposed vehicle sales would not result in a change or intensification of use
that would require a Coastal Development Permit.
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5. A public hearing was held on October 18, 2018 and November 8, 2018, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal Code
("NBMC"). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt as Class 1 (Existing
Facilities) under the requirements of the California Environmental Quality Act ("CEQA")
Regulation Section 15301.
2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
proposed project includes exterior and interior improvements to convert an office
building to a vehicle sales showroom with supporting offices and involves no expansion
in floor area.
3. The exceptions to this categorical exemption under CEQA Section 15300.2 are not
applicable. The project location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is
not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Subsection 20.52.020(F) (Use Permit, Required Findings), the
following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan land use designation for this site is MU-H 1 (Mixed-Use Horizontal). The
MU-H1 designation can be found for properties located on the inland side of Coast
Highway in the Mariners' Mile Corridor, (a) the Coast Highway frontages shall be
developed for marine-related and highway-oriented general commercial uses in
accordance with CM and CG designations; and (b) portions of properties to the rear of the
commercial frontage may be developed for free-standing neighborhood-serving retail,
multi-family residential units, or mixed-use buildings that integrate residential with retail
uses on the ground floor in accordance with the CN, RM , CV, or MU-V designations
respectively. Based on its size and design, with all inventory located within the interior
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showroom and no on-site maintenance or repair facilitates, this vehicle sales use is similar
to a retail land use and is consistent with this MU-H 1 and the CG land use designations.
2. The proposed project application will not result in an increase in floor area and the project
is consistent with the Land Use Element development limitations. The existing building is
15,823 square feet and the subject property is 41,348 square feet resulting in a floor area
ratio (FAR) of 0.37, which is consistent with the 0.5 nonresidential FAR maximum for the
site.
3. The subject property is not part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The site is located in the MU-MM (Mixed-Use Mariners' Mile) Zoning District. This zoning
district applies to properties located on the inland side of Coast Highway in the Mariners'
Mile Corridor. Properties fronting on Coast Highway may be developed for
nonresidential uses only. Vehicle sales are allowed as a conditionally permitted use
within this district to ensure site compatibility.
2. The proposed vehicles sales use complies with all applicable parking and development
standards, including landscaping, building height, floor area ratio, and setbacks.
3. A total of 42 parking spaces are required (Vehicle Sales rate of 1/1,000 square feet of
lot area) where 63 parking spaces are available for the existing building. In this case,
the property consists of 41,348 square feet; therefore, 42 spaces are required. The
previous use, a 15,823-square-foot office building, generated a parking requirement of
one space per 250 square feet, or 62 spaces.
4. The Public Works Department has reviewed the proposed operational characteristics
and determined that a Traffic Study is not required to comply with the Traffic Phasing
Ordinance.
5. The proposed use and project design is consistent with the Mariner's Mile Strategic
Vision and Design Framework because it provides a highway-oriented general
commercial use on the Coast Highway frontage that is compatible with the surrounding
general commercial retail and service businesses. Additionally, it is consistent with the
architectural and landscaping polices and goals of the Vision and Design Framework.
Finding:
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C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. The proposed project includes conditions of approval to prohibit the more intense
operations associated with vehicle sales, such as maintenance, repair, and installation
of related equipment and parts. This will help ensure that the use remains compatible
with nearby office, motel, and residential uses in the area.
2. The design and operation of the proposed vehicle sales dealership is similar to a retail
store. Traditional vehicle dealerships are typically comprised of a showroom and large
. outdoor areas for the display and storage of vehicles and service areas for maintenance
and repairs. The proposed vehicle sales use does not incorporate outdoor display.
3. Several specialty vehicle sales dealerships, including Ferrari, Maserati, Phillips Auto, and
McLaren, in addition to boat and yacht sales facilities are located along the inland side of
the Mariner's Mile corridor. These types of facilities are consistent with General Plan
designations and are compatible with other allowed uses in the area. The proposed
vehicle sales use will maintain similar hours and characteristics of the existing office
building and other vehicle dealerships located along Mariner's Mile.
4. The expanded dealership will improve and revitalize the existing vacant office building
and the surrounding area.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. The vehicle sales use with a showroom on the first floor and supporting offices on the
second floor of the existing commercial building is similar to retail and office uses. The
design, size, location, and operating characteristics of the use are compatible with the
surrounding retail and service land uses.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property. Any additional utility upgrades or safety requirements
specific to the display of motor vehicles will be required at plan check. The site is
sufficient to accommodate vehicle loading on site.
3. The proposed project is conditioned to prohibit the more intense operations associated
with vehicle sales and is therefore suitable to occupy the existing commercial tenant
space.
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4. The tenant improvements to the project site will comply with all Building, Public Works,
and Fire Codes. The project will comply with all ordinances of the City and all conditions
of approval.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general welfare
of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The proposed use would be limited to sales of vehicles only, with no additional inventory,
outdoor storage, maintenance, or repair of vehicles on-site.
2. The delivery or pick-up of vehicles will not be allowed on West Coast Highway and
delivery will take place directly on-site. Due to the relatively small size of the dealership,
delivery of vehicles is expected to be less frequent than a traditional dealership.
3. The project has been reviewed and includes conditions of approval to ensure that potential
conflicts with the surrounding land uses are minimized to the greatest extent possible.
4. That the design of the development will not conflict with any easements acquired by the
public at large for access through or use of property within the proposed development.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2018-010 (PA2018-166), subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
2. This resolution supersedes UP0251, UP1296, UP1490, and UP2087, which upon vesting
of the rights authorized by this Conditional Use Permit, shall become null and void.
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PASSED, APPROVED, AND ADOPTED THIS 81H DAY OF NOVEMBER, 2018.
AYES: Kleiman, Koetting, Kramer, Lowrey and Zak
NOES: Weigand
ABSTAIN: None
ABSENT: None
BY: 0'1:J_
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PLANNING
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except as
modified by applicable conditions of approval.)
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. All proposed signs shall be in conformance with any approved Comprehensive Sign
Program for the project site and provisions of NBMC Chapter 20.42 (Signs).
5. Conditional Use Permit No. UP2018-010 shall expire unless exercised within 24 months
from the date of approval as specified in NBMC Section 20. 54. 060 (Time Limits and
Exceptions), unless an extension is otherwise granted.
6. The hours of operation shall be limited from 8:00 a.m. to 6:00 p.m., daily. The retail vehicle
showroom shall be available on an appointment only basis as identified in the business
plan.
7. The test drive route shall be approved by the City Traffic Engineer and any changes shall
require City Traffic Engineer approval. Test driving of vehicles shall adhere to the approved
test driving route and shall be prohibited on all residential streets. The business shall
adhere to a maximum of ten (10) test drives per week as indicated in their business plan.
The business shall maintain a test drive log indicating the vehicle make/model, date, and
time of test drives and the applicant shall produce and a copy to the Community
Development Director upon request.
8. Retail vehicle display shall be limited to fifteen (15) vehicles located within the interior of
the first floor level of the existing commercial building. Vehicle display or storage is not
permitted in the outdoor parking areas.
9. Vehicle maintenance, service, repair, or washing shall not occur on-site.
10. No outside paging system shall be utilized in conjunction with this establishment.
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11. Vehicle deliveries and refuse collection for the facility shall be prohibited between the
hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours
of· 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise
approved by the Director of Community Development, and may require an amendment
to this Use Permit.
12. The delivery or pick-up of vehicles shall not occur on West Coast Highway and shall
occur directly on-site. No vehicles, including trash trucks and vehicle delivery trucks, can
back out of the site onto West Coast Highway.
13. The planter areas opposite the existing ADA stalls shall be removed to provide a
minimum 24-foot side drive aisle width. The loss of these planting areas shall be off-set
by the planting of a 4-foot wide hedge and three (3) Washingtonia filifera palms with a
minimum 8-foot high brown trunk height adjacent to the front of the property along West
Coast Highway.
14. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
15. Mechanical equipment, screening, and the roof paint color shall be architecturally
compatible with the existing building and shall maintain the existing gray roof color or
another color to the satisfaction of the Community Development Director.
16. This Conditional Use Permit may be modified or revoked by the Planning Commission
should they determine that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially injurious
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
17. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Conditional Use Permit or the
processing of a new Conditional Use Permit.
18. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
19. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
20. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
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21. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
22. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
23. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
24. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the NBMC to require such
permits.
25. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City's
approval of Powerhouse Vehicle Sales including, but not limited to, Conditional Use Permit
No. UP2018-010 (PA2018-166). This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
Fire Department Conditions
26. As per California Fire Code Section 314. 4 Vehicles, liquid-or gas-fueled vehicles, boats,
or other motorcraft shall not be located indoors except as follows:
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a. Batteries are disconnected.
b. Fuel in fuel tanks does not exceed one-quarter tank or five (5) gallons (whichever
is least).
c. Fuel in fuel tanks and fill openings are closed and sealed to prevent tampering.
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Page 10 of 11
d. Vehicles, boats, or other motor craft equipment are not fueled or defueled within
the buildings.
Building Division Conditions
27. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code.
28. The construction plans must meet all applicable State Disabilities Access requirements.
Accessible parking shall be located at the closest possible route to building entrances.
29. The exit access stairways shall comply with California Building Code Section 1019.
30. The exterior exit stairs shall comply with California Building Code Section 1027.
31. If the second floor office area will be open to the public as part of the vehicle sales business,
an accessible route to the second floor shall be provided if the project does not meet an
exemption per Section 11 B-202.4 or 11 B-206.2.3 of the California Building Code.
Public Works Conditions
32. Prior to the issuance of building permits for tenant improvements, the parking layout
shall be revised per City Standard STD-805-L-A and STD-805-L-B. Drive aisles shall be
a minimum of 24-foot wide when adjacent to 9-foot wide parking stall. Parking stalls that
are 8-foot 6 inches wide shall have a minimum drive aisle of 26 feet.
33. The vehicle sales showroom shall be available on an appointment only basis.
34. Landscaping and signage shall be located so as not to impede vehicular sight distance
per City Standard STD-110-L and to the satisfaction of the City Traffic Engineer.
35. All above ground permanent improvements, such as signs, backflow assemblies, etc.
within the existing 12-foot wide street easement along the project frontage of West Coast
Highway shall be relocated at the owner's expense upon the widening of West Coast
Highway.
36. No planting with substantial root systems shall be installed within the existing Utility and
Storm Drain Easement within the site. Any existing planting with substantial root
systems within the Utility and Storm Drain easement shall be removed prior to the final
of building permits for tenant improvements.
37. Prior to the final of building permits for tenant improvements, a new accessible compliant
driveway approach shall be installed along the West Coast Highway frontage.
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38. The applicant shall obtain a Ca/trans encroachment permit for all work within the West
Coast Highway right-of-way.
39. All improvements shall be constructed as required by Ordinance and the Public Works
Deparlment.
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